Daves v. Dallas County, No. 18-11368 (5th Cir. 2021)

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This opinion or order relates to an opinion or order originally issued on December 28, 2020.

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United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 25, 2021 No. 18-11368 Lyle W. Cayce Clerk Shannon Daves; Shakena Walston; Erriyah Banks; Destinee Tovar; Patroba Michieka; James Thompson, On Behalf of Themselves and All Others Similarly Situated; Faith in Texas; Texas Organizing Project Education Fund, Plaintiffs—Appellants Cross-Appellees, versus Dallas County, Texas; Ernest White, 194th; Hector Garza, 195th; Raquel Jones, 203rd; Tammy Kemp, 204th; Jennifer Bennett, 265th; Amber Givens-Davis, 282nd; Lela Mays, 283rd; Stephanie Mitchell, 291st; Brandon Birmingham, 292nd; Tracy Holmes, 363rd; Tina Yoo Clinton, Number 1; Nancy Kennedy, Number 2; Gracie Lewis, Number 3; Dominique Collins, Number 4; Carter Thompson, Number 5; Jeanine Howard, Number 6; Chika Anyiam, Number 7 Judges of Dallas County, Criminal District Courts, Defendants—Appellees Cross-Appellants, Marian Brown; Terrie Mcvea; Lisa Bronchetti; Steven Autry; Anthony Randall; Janet Lusk; Hal Turley, Dallas County Magistrates; Dan Patterson, Number 1; Julia Hayes, Number 2; Doug Skemp, Number 3; Nancy Mulder, Number 4; Lisa Green, Number 5; Angela King, No. 18-11368 Number 6; Elizabeth Crowder, Number 7; Carmen White, Number 8; Peggy Hoffman, Number 9; Roberto Canas, Jr., Number 10; Shequitta Kelly, Number 11 Judges of Dallas County, Criminal Courts at Law, Defendants—Appellees, Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18-CV-154 ON PETITIONS FOR REHEARING AND REHEARING EN BANC (Opinion December 28, 2020, 5 Cir., 2020, 984 F.3d 381) Before Owen, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, and Wilson, Circuit Judges.1 Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 1 Judge Oldham is recused and did not participate in this decision. 2 No. 18-11368 5th Cir.R.41.3, the panel opinion in this case dated December 28, 2020, is vacated. IT IS FURTHER ORDERED that the petition for rehearing is denied as moot. 3

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